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   State Courts - Alabama - June 29, 2001

  
Godwin v. Dorgan, 1991873, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Attorney fees did not have to be paid out of common fund created by sale of property because particular group of claimants were benefitted and attorney services were not for common benefit of all.

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Gray v. Bush, 2991107, COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Order determining that administratrix was decedent's common-law wife was erroneous; decedent and administratrix had separate residences and filed separate tax returns, and they did not refer to themselves as husband and wife.

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Gwin v. State, CR-98-1857, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Haston v. Crowson, 1992141, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Newspaper owner who alleged attorney, partnership, and newspaper corporation committed fraud in sale of newspaper business to them was not entitled to allege economic duress caused sale as she showed no wrongful pressure they exerted on her.

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Headrick v. State, CR-99-1638, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: As defendant was a pretrial detainee in county jail, awaiting trial on federal charges, he was not a prisoner serving a sentence. Thus, hold placed him was not a detainer and the anti-shuttling provisions of the detainer statute did not apply.

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Huntley v. Regions Bank, 1992205, 1992266, SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Trial court properly denied motion to compel arbitration when borrower failed to allege that promissory note to bank evidenced transaction affecting the interstate commerce. Trial court erred in not awarding attorney fees.

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Jackson v. Collier, 2000113, COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Trial court's order signed on a Friday and filed on a Monday, when time period for entering order expired on Sunday, was timely, and notice of appeal of that order, which had to be filed within 42 days of its entry, was not timely.

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Johnson v. State, CR-98-0391, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: As daughter consented to mother overhearing phone conversation by defendant, an inmate, with other people through three-way calling mechanism, mother was not illegally eavesdropping and notes she took were admissible as present sense impressions.

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Langford v. State, CR-00-1136, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Trial court erred in finding that it lacked jurisdiction over defendant's postconviction relief claims; fact that defendant improperly filed claims as habeas corpus petition did not require trial court to dismiss claims.

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Lewis v. State, CR-00-1018, COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: As the lower court summarily dismissed defendant's postconviction relief motion without makings findings as to his claim that the venire had not been properly sworn, the case was remanded with instructions to make findings on this issue.

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